Chapter 5101:1-2 Application Process; Verification

(1)
"Assistance group" is a group of
recipients receiving benefits together under a specific category of assistance.
In the Ohio works first (OWF) program, "assistance group", is defined in
section 5107.02 of the Revised Code, and means a group of individuals treated
as a unit for purposes of determining eligibility for and the amount of
assistance provided under OWF.

(2)
An "authorized representative" is an individual, eighteen years of age or
older, who stands in place of the assistance group. The authorized
representative may act on behalf of individuals inside or outside the household
in which the authorized representative lives.

(4)
"Household"
is defined as a personal place of residence. A commercial establishment such as
a hotel or boarding house is not a household. However, a household can exist
within a commercial establishment.

(a)
Prior to authorization, the county agency
shall assess, appraise, and enter into a written self sufficiency contract
(SSC) for each work eligible individual, minor head of household and adult
member of the assistance group, as set forth in rule 5101:
1-3-11 of the Administrative
Code.

(b)
As agreed in the SSC, the
county agency may require a work eligible individual to complete a job search
and job readiness applicant assignment as set forth in rule 5101:
1-3-12.5 of the Administrative
Code, prior to authorization of OWF benefits as set forth in rule 5101:
1-3-11 of the Administrative
Code. In accordance with rule 5101:
9-2-02 of the Administrative
Code, if the work eligible individual discloses, has, or appears to have a
physical or mental condition that substantially limits one or more major life
activities, the county agency shall ensure that the assignment is consistent
with its Americans with Disabilities Act (ADA) plan in accordance with rule
5101: 9-2-02 of the Administrative
Code.

(3)
The
application process requires the complete cooperation of the assistance group
and the prompt responsiveness of the county agency.

(4)
The application process shall be
administered with courtesy, consideration, and respect.

(5)
Administrative duties shall be performed
in such a manner as to secure for every assistance group the full amount of
benefits to which it is legally entitled according to program
regulations.

(6)
The distinction
must be drawn between a "request for public assistance" (an application) and a
"request for information" (an inquiry). An inquiry will not always result in an
application. Any individual has the right to apply for benefits for themselves
or on behalf of another individual.

At the time the application request is made, the following
documents are given or sent to the applicant or authorized
representative:

(1)
The JFS 07200
"Request for Cash, Food Assistance, and Medical Assistance" (rev.
12/2012), which includes the voter registration form.
If an assistance group is currently receiving food assistance and decides to
apply for cash assistance at recertification, the JFS 07204 "Request to Reapply
for Cash and Food Assistance" (rev. 1/2013)
complete with a name, address and signature shall establish the date of
application for these additional benefits.

(d)
A spouse or natural or adoptive parent of
a member of the assistance group who is not an assistance group member, who
resides with the assistance group, and can reasonably be determined to be
acting responsibly for the assistance group; or

(2)
For other assistance groups identified on the application, an individual
meeting one of the definitions provided in paragraph (E)(1) of this rule must
sign and date the application in order to register the request for assistance
for that assistance group. The county agency shall notify the potential
assistance groups of this requirement in writing no later than one working day
following the interview.

(3)
Since
the interview may be scheduled after the actual date an application is
submitted, and initial benefits are affected by the date of application, the
county agency should provide a potential assistance group identified on the
application an opportunity to sign and date the application as soon as
possible.

(1)
The assistance group shall provide a
written statement naming the authorized representative and the duties which the
named authorized representative may perform on the assistance group's
behalf.

(2)
When written
authorization cannot be obtained because of the individual's incompetency or
incapacity, the county agency may waive the written statement and assist in
naming a responsible party to act as authorized representative for the
assistance group.

(3)
The
assistance group is responsible for notifying the county agency of any change
in the named authorized representative.

(4)
When the assistance group has an
authorized representative named to act on its behalf, all notices and
correspondence issued by the county agency on behalf of the assistance group
shall be issued to both the authorized representative and the assistance
group.

(5)
In situations where an
authorized representative provides incorrect or fraudulent eligibility
information, the assistance group may still be held liable for any overpayments
that occur. The authorized representative will be held responsible for
overpayments when the authorized representative is the legal guardian or legal
trustee for the assistance group.

(6)
If it is determined that the authorized
representative has given incorrect information intentionally through no fault
of the assistance group, a referral shall be made to the county prosecutor to
determine if fraud occurred on the part of the authorized representative. If
the prosecutor's determination is that the authorized representative committed
fraud, the authorized representative may be found liable for the
overpayment.

(1)
The
application should be filled out as completely as possible by the individual
signing and dating the application for the assistance group.

(a)
If the application is completed at the
county agency, the person completing it may not be able to answer all of the
questions completely from memory or personal knowledge.

(b)
Each question on the application shall be
completed to the fullest extent possible and any missing information must be
supplied during the interview or through the required verifications.

(c)
Even though an application may not be
complete, it is still considered a formal application on the date that it is
submitted with the date and a signature of an individual meeting one of the
definitions set forth in paragraph (E)(1) of this rule.

(2)
The assistance group and/or authorized
representative shall make an accurate and complete disclosure of all
information necessary for a determination of eligibility. Such disclosure shall
be made at the time of initial application, at reapplication, and within ten
days of the date that any change specifically identified in rule 5101:
1-2-20 of the Administrative
Code occurs.

(3)
The assistance
group's report of an impending change in circumstances does not negate its
responsibility to report any change identified in rule 5101:
1-2-20 of the Administrative
Code as a reporting requirement within ten days from the date the change
actually occurs.

(H)
What is the application date and how is an application registered?

(1)
The county agency shall accept the
application on the day it is turned in to the county agency. The "date of
application" is the date on which a signed and dated JFS 07200, or JFS 07204
for existing assistance groups completing a telephone interview, is received by
the county agency.

(2)
When a
signed and dated application is received by the county agency, the county
agency shall provide a document that states the application date.

(3)
For cases containing multiple assistance
group payees, the county agency shall give each assistance group signing the
application a receipt showing that assistance group's date of application. For
applications returned by mail, the receipt shall be provided at the
interview.

(4)
Upon receipt of a
signed and dated application, the county agency shall enter the information
into the client registry information system-enhanced (CRIS-E).

(5)
The date of application shall not be
delayed by the county agency because of any local office procedure. The date of
the interview shall not be used to delay the application date.

(6)
The assistance group shall be given the
opportunity to complete and return the application on the same date the
application is requested. When this occurs, the date of application is the same
day as the request.

(7)
The county
agency shall advise that the date of the application and the beginning date of
benefits are dependent upon the date the signed and dated application is
returned to the county agency provided all other eligibility factors are met on
or before the date received.

(8)
When a signed and dated application is returned by mail, the date of
application shall be the date the county agency receives the application. When
the county agency receives a signed and dated application from the social
security administration, the date of application for all public assistance
programs, except food assistance, shall be the date the county agency receives
the application. All applications received by mail shall be date stamped the
day received.

(9)
Applications
signed through the use of electronic signature techniques or applications
containing a handwritten signature and then transmitted by fax or other
electronic transmission are acceptable. When an application is submitted by fax
or electronically, the date of application shall be the date the county agency
receives the application.

(I)
What is the role of the county agency in
the completion of the application process?

(1)
The county agency shall help complete the
application when assistance is requested and no other family member, close
friend, authorized representative, or other appropriate individual is
available.

(2)
When the county
agency assists or completes an application, the employee of the county agency
shall sign his or her name and title/relationship to the assistance group on
the application.

(3)
A county
agency employee shall not alter any answers given by the assistance group on
the application. The county agency employee may assist in completing the
application by asking the assistance group for answers needed to complete the
application. The county agency employee may then mark or fill in the answer on
the application.

(4)
The normal
process of inputting data provided by the applicant during the interview shall
not be construed to mean that the county agency has assisted with the
completion of the application.

(1)
An interview shall be scheduled as
promptly as possible after the receipt of a signed and dated application to
insure that an eligible assistance group receives an opportunity to participate
within the time frames for completion of the application process pursuant to
paragraph (M) of this rule.

(2)
If
the primary language of the individual completing the interview is not English,
the county agency shall offer an interpreter at no cost to the individual. The
individual shall not be required to provide his or her own interpreter or use a
family member, unless they desire to do so.

(3)
If the individual who satisfies the
interview requirement for the assistance group is not an assistance group
member (e.g., authorized representative), and the county agency questions the
information provided by that individual, the county agency retains the right to
contact the assistance group to clarify the information.

(4)
The county agency shall give a dated
receipt for all documents, originals, or copies submitted. When an original
document is submitted, the county agency shall copy the document and return the
original. If a face-to-face interview is conducted, every effort must be made
to copy the documents prior to concluding the interview.

(c)
Home visit (as long as it is scheduled in
advance with the assistance group).

(2)
The type of interview conducted is left
to the county agency's discretion unless the applicant requests a face-to-face
interview. The county agency shall grant a face-to-face interview to any
assistance group which requests one.

(2)
If CRIS-E is unavailable, the
JFS 01846, "Case Worksheet: Cash, Food Stamp, and Medical Assistance Interview"
(rev. 05/2005), and the JFS 07501 shall be used to conduct the interview. The
applicant shall be given a copy of the JFS 07501. The information obtained on
the JFS 01846 shall be entered into CRIS-E.

(3)
Assist in obtaining verification and
completing the voter registration forms if requested by the assistance
group.

(4)
Gather medical
documentation and refer the case to the disability determination unit (DDU) if
a member of an assistance group has, appears to have, or alleges to have a
physical or mental condition which may limit the member's ability to work
pursuant to rules 5101:
1-39-03 and 5101:
1-5-20 of the Administrative
Code.

(5)
Determine eligibility as
soon as possible after the application requirements are complete.

(7)
Send the JFS
07092, "Notice to Individuals Applying for or Participating in Ohio Works First
(OWF) Regarding Cooperation with the Child Support Enforcement Agency (CSEA)"
(rev. 03/2009), to the child support enforcement agency (CSEA) each time that
an individual signs the form to claim good cause for refusal to cooperate with
child support.

(1)
The determination of eligibility shall be
completed within thirty calendar days from the date of application.

(2)
No more than forty-five days may elapse
between the date of application and the issuance of the benefit, or the
notification of the approval or denial of assistance.

(3)
A disability financial assistance (DFA)
application awaiting a disability determination may pend up to ninety days
before the appropriate approval or denial notice is mailed.

(4)
The determination of eligibility for DFA
shall proceed concurrently with the determination of disability and shall be
completed within forty-five days. The forty-five day standard of promptness may
not be used as the basis for any denial.

(5)
An OWF application awaiting completion of
an applicant assignment may pend up to, but no longer than, thirty days from
the date of application before authorization.

(6)
The time frames may be exceeded in
situations where completion of the determination of eligibility is delayed
because of circumstances which are considered beyond the control of the county
agency or assistance group such as:

(1)
The
interview shall be scheduled as promptly as possible after the receipt of a
signed and dated application to insure that an eligible assistance group
receives an opportunity to participate within the time frames for completion of
the application process pursuant to paragraph (M) of this rule.

(2)
The interview is used to inform the
assistance group of all required verifications, the time period in which the
verifications must be submitted to the county agency, and the responsibility of
the county agency to assist if help is needed in obtaining any items. The
interview is also used to determine if the application has been thoroughly
completed and if the information provided accurately represents the assistance
group's situation.

(3)
If the
interview cannot be conducted in the county agency offices or by telephone,
alternative locations and/or hours must be arranged.

(3)
The required
verifications and information that must be provided. This will include a review
of those verifications already provided and those verifications remaining to be
secured. The county agency shall also inform the assistance group of assistance
that they can provide in securing the required verifications and
information.

(4)
The importance of
abiding by the time limits for providing the verifications and additional
information. The county agency shall emphasize that the application cannot be
processed until the verifications and additional information are
submitted.

(5)
The joint
responsibility for exploring all the factors of eligibility and the
circumstances under which the assistance group will be held responsible for
presenting records or documents in its possession to support
statements.

(6)
The consequences
for failing to accurately report the circumstances of the assistance group at
the point of application and later if the circumstances should change. Possible
recoupment of overpayments and/or referral to law enforcement officials for
civil or criminal prosecution could result from a failure to fully and honestly
report the circumstances at all times.

(7)
The availability, purpose, and provision
of appropriate social services programs within and outside the agency
regardless of an individual's receipt of financial assistance.

(8)
The responsibility of the parent for
minor children and spouses for each other.

(9)
The ability of the assistance group to
meet its needs pending the receipt of the first benefit.

During the interview, the county agency shall offer assistance
in getting any additional verifications or information that is needed in order
to process the case. The county agency shall use the JFS 07105
"Application/Reapplication Verification Request Checklist" (rev.
3/2013). The checklist must provide a date for the
return of the verifications. If the required information and verifications are
not received by this date, benefits are denied.

Failure to cooperate in the application process and the
verification requirements shall result in a denial of the OWF, DFA or refugee
cash assistance (RCA) application. Failure occurs:

(1)
When the information/verification is not
provided after the county agency properly advised what information/verification
is needed to determine eligibility provided no request for assistance in
obtaining information/verification is received by the county agency;
or

(2)
When the county agency is
not given necessary information to assist in obtaining the verification needed
to determine eligibility; or

(3)
When the assistance group fails to participate in a scheduled application
interview.

(4)
For OWF, when any
work eligible individual, minor head of household, or adult member of the
assistance group fails to enter into a written SSC with the county
agency.

(1)
Every twelve months for
disability financial assistance (DFA) and Ohio works first (OWF) assistance
groups not included in paragraph (B)(2) of this rule.

(2)
OWF assistance groups under a three-tier
sanction who sign the JFS 03804 "Ohio Works First/Food Assistance Sanction
Compliance Agreement" ( rev. 8/2013) or the client registry system-enhanced
(CRIS-E) generated equivalent form and if it is received by the county agency
on or before the last day of the sanction period as set forth in rule 5101:
1-3-15 of the Administrative
Code are not required to complete a reapplication.

(6)
The inability to complete the
reapplication within the prescribed length of time shall not interfere with the
prompt payment of benefits or be the basis for termination unless the
assistance group fails to cooperate with the reapplication.

(C)
What is the responsibility of
the county agency in the reapplication process?

(g)
Gathering
medical documentation and referring the case to the disability determination
unit if a member of an assistance group has, appears to have, or alleges to
have a physical or mental condition which may limit their ability to work
pursuant to rules 5101:
1-39-03 and 5101:
1-5-20 of the Administrative
Code;

(j)
Complying with rule 5101:
9-2-02 of the Administrative
Code and the Americans with Disabilities Act (ADA) plan adopted by the county
agency in accordance with rule 5101:
9-2-02 of the Administrative
Code. This includes, but is not limited to, providing the assistance group with
an explanation of their rights under the ADA and offering additional screening
to any work eligible individual that discloses, has, or appears to have a
physical or mental condition that substantially limits one or more major life
activities.

(f)
For client registry
information system enhanced (CRIS-E) purposes, the signature date is the date
that the county agency receives the signed JFS 07204.

(g)
To expedite the reapplication process,
the county agency may send the documents identified in paragraph (D)(2)(e) of
this rule with the interview appointment letter.

(h)
The reapplication is not considered
complete until all of the required documents are returned by the assistance
group excluding the JFS 07501 and the JFS 07217 which are not required to be
returned. This includes all of the documents listed on the JFS 07105.

(i)
The assistance
group or authorized representative requests a face-to-face interview;

(ii)
The assistance group or authorized
representative does not have a telephone; or

(iii)
The county agency worker determines
that it is appropriate in order to resolve eligibility determination issues for
the assistance group.

(b)
If the reapplication interview is
conducted as a face-to-face interview, the provisions set forth in paragraphs
(D)(2)(e) and (D)(2)(h) of this rule are applicable, with the exception of the
completion of the JFS 07204.

(c)
If
the reapplication interview is conducted as a face-to-face interview at the
county agency, the recipient shall be given the opportunity to review and sign
the CRIS-E generated printed copy of the information (PCI).

(a)
If CRIS-E is down or unavailable for an
extended period of time, the JFS 01846, "Case Worksheet: Cash, Food Stamps and
Medical Assistance Interview" (rev. 05/2005) shall be used.

(b)
The JFS 01846 is completed by the worker
and the recipient shall be given the opportunity to review and sign the JFS
01846. The information on the JFS 01846 is then entered into CRIS-E at a later
date.

(E)
What is considered a failure to cooperate in the reapplication process?

Failure to cooperate in the reapplication process and the
verification requirements shall result in a termination of OWF, DFA or RCA.
Failure occurs:

(1)
When the
information/verification is not provided after the county agency properly
advised what information/verification is needed to determine eligibility
provided no request for assistance in obtaining information/verification is
received by the county agency; or

(2)
When the county agency is not given
necessary information to assist in obtaining the verification needed to
determine eligibility; or

(3)
When
the assistance group fails to participate in a scheduled reapplication
interview.

(1)
County agencies
can reinstate benefits for assistance groups that have terminated for failure
to provide required verifications or take a required action.

(2)
The county agency shall reopen an
assistance group that has been proposed for termination without requiring a new
application when the required verifications are provided or actions are taken
within thirty days of the benefit termination date.

(3)
The county agency shall prorate the
assistance group's benefits beginning the day the verifications were received
or the action was taken.

(4)
The
assistance group has the option to refuse the pro-rated benefit.

(1)
In accordance with
the NVRA and section
329.051 of the Revised Code,
make voter registration applications available, as set forth in paragraph
(B)(2) of this rule, to individuals applying for or in receipt of the following
programs:

(2)
Provide
the following forms with every application, reapplication or change of address:

(a)
The JFS 07200-VR "Voter Registration
and Information Update Form"
(06/2014) or the national mail voter registration
application. The voter registration form shall be attached to all applications,
and reapplication and change of address materials.

(b)
The JFS 07217 "Voter Registration Notice
of Rights and Declination" ( 8/2009), or the
county-created equivalent form or the computer
generated equivalent. When the county agency creates its own form, the questions and
statements set forth in the NVRA and section
3503.10 of the Revised Code must
be on the form.

(i)
Individuals who wish to
register should check the "yes" box and individuals who do not wish to register
should check the "no" box. Failure to check either box will be deemed a
decision not to register to vote at that time.

(ii)
The secretary of state does not require
the submission of the notice of rights and declination form.

(iii)
When an individual
checks "no" on the notice of rights and declination form, but completes the
voter registration form, the county agency shall send the form to the local county
board of elections.

(iv)
Information relating to a declination to register to vote in connection with an
application made at the county agency shall not be used
for any purpose other than voter registration.

(3)
Assist the individual in completing the
voter registration forms, unless the individual refuses such assistance. Each
individual shall be provided the same degree of assistance with completion of
the voter registration form as is provided with the completion of any public
assistance form.

(4)
Accept the completed voter registration
form regardless of whether the form was
distributed by the county agency.
Completed voter registration forms may be returned to the
county
agency in person or through another person. When voter registration forms
are accepted, they shall be date stamped using a date stamp that will not
disclose the identity of the county agency or if no such date stamp is available,
the date may be written on the voter registration form.

(5)
Transmit completed voter registration
forms to the appropriate local county board of
elections no later than five calendar days after the date of receipt by the
county
agency. The JFS 07218 "Agency-Based
Registration Voter Registration Transmittal" ( 8/2009) shall be
used for this purpose.

(6)
Maintain
confidentiality in voter registration procedures. The identity of the
county
agency from which voter registration forms are received shall remain
confidential except as required by the secretary of state for record-keeping
purposes.

(7)
Establish an internal
procedure for collection of all voter registration forms. The internal
procedure shall include the selection of a designated individual within the
agency to serve as coordinator for all activities related to the voter
registration program. The requirements of the coordinator are listed in
paragraph (C) of this rule.

(C)
What is the role of the
county
agency voter registration coordinator?

The voter registration coordinator is responsible for
administering all aspects of the voter registration program within the
county
agency and has the following specific responsibilities :

(1)
"Verification" is a document or statement
from a third party or collateral contact which confirms statements made by the
assistance group regarding need and/or a specific eligibility factor.

(2)
Verification establishes that the factors
of eligibility are met and the assistance group is eligible to receive benefits
under the program. Verification is not an eligibility requirement in its own
right, but a method for assuring that an eligibility requirement is
met.

(3)
A telephone contact may be
made by the county agency to secure verification. Written consent from the
assistance group is necessary unless an exception set forth in rule
5101:1-1-03 of the
Administrative Code is met. The following information must be included:

(a)
The name and telephone number of the
person who gave the information;

(1)
All eligibility factors required to
establish initial and continuing eligibility and items subject to change must
be verified at the time of application, reapplication and when a change in
circumstances occurs in the assistance group. A change in circumstances
includes the discovery of a discrepancy in income and a change in income
amounts.

(2)
All income of a member
of the assistance group and any person whose income affects the assistance
group must be verified.

(1)
It is the assistance
group's responsibility to provide the information necessary to establish
eligibility.

(2)
When the
assistance group is aware of the requirements of verification but refuses to
provide both consent and necessary verification, the county agency shall deny
or terminate assistance as eligibility cannot be established.

(3)
Assistance may not be terminated when the
assistance group refuses to cooperate in validating past eligibility because
past eligibility has no bearing upon present need and eligibility.

(4)
The assistance group may not be compelled
to cooperate in giving testimony or records which may prove guilt of a crime
because of protections of the Fifth Amendment to the Constitution of the United
States.

(1)
When the
assistance group's own statement on the application establishes that the
assistance group is ineligible for cash assistance, verification is not
required. The county agency shall confirm the statement on the application to
assure it was an accurate statement and not a mistake in completing the
form.

(2)
Verification of earned or
unearned income is not necessary when the assistance group either alleges no
income or employment in the current period and there is no reason to question
the statement, or the assistance group reports earnings sufficiently high to
make them clearly ineligible for benefits.

(3)
Verification is not required if some
other factor of eligibility, such as age or citizenship, is clearly not
met.

(1)
Explain what verifications and
information are necessary to establish eligibility for cash assistance
programs. Explain where and how to obtain the required verifications.

(2)
Assist in securing all the required
verifications necessary to establish eligibility when the assistance group
requests such assistance because of an inability to provide them without the
agency's help.

(3)
Obtain the
verifications when the assistance group is not financially able or
is not competent to secure them. This shall not be interpreted as
noncooperation, nor shall it be used to deny assistance.

(4)
The JFS 07341 "Applicant/Recipient
Authorization for Release of Information" (rev. 4/2004) shall be
obtained each time verification of an eligibility factor is required.

(a)
Verification of information from public
records does not require written consent.

(b)
Verification need be obtained only once
if the eligibility factor is not subject to change.

(1)
The county agency
shall pursue clarification and verification of the assistance group's
circumstances by issuing the JFS 04219 "Request for Contact
Important Notice" (rev.
4/2010) or the statewide automated
eligibility system generated equivalent, which clearly advises the
assistance group of the verification it must provide or the actions it must
take to clarify its circumstances.

(a)
The JFS
04219 or the statewide automated eligibility system generated
equivalent shall afford the assistance group at least ten days to respond and
to clarify its circumstances, either by telephone or by correspondence, as the
county agency directs. It shall further state the consequences if the
assistance group fails to respond to the county agency.

(b)
When the assistance
group does not respond to the county agency, or does respond but refuses to
provide sufficient information to clarify its circumstances, the county agency
shall terminate the cash assistance case.

(c)
When the assistance
group responds to the county agency and provides sufficient information, the
county agency shall act on the new circumstances and adjust the budget
accordingly.

(G)
What happens when verification
is not available or there is a discrepancy?

(1)
When verification
is not available through no fault of the assistance group, the determination is
based on the best possible evidence.

(2)
Where information from another source
contradicts statements made by the assistance group, the assistance group shall
be afforded a reasonable opportunity to resolve the discrepancy prior to an
eligibility determination.

(3)
In
situations in which there is no available verification, the county agency shall
not deny or terminate the case but shall accept a signed affidavit, a
third-party statement, notarized statement, or the statement on the application
as verification if the information is consistent with other facts and
statements.

(4)
When the
statement provided is incomplete and/or inconsistent and the assistance group
is unable to clarify the statement, the county agency shall deny or terminate
the case as eligibility cannot be established.

(5)
The county agency must exhaust all
possibilities for verification before accepting these statements. The use of a
statement shall be on a case-by-case basis. This approach shall not be used for
the sole purpose of meeting the promptness requirement of rule
5101:1-2-01 of the
Administrative Code.

(6)
Homeless
and migrant assistance groups may not have easy access to required
verifications that may exist. In order to ensure that these assistance groups
do not experience a lengthy delay in receiving cash assistance benefits, the
following procedures shall be followed:

(a)
Once the homeless or migrant assistance group has submitted verification of
identity, the county agency shall approve the application for assistance if the
assistance group appears to meet eligibility criteria based on statements on
the application or a signed affidavit, and the best evidence
available.

(b)
The county agency
shall attempt to obtain verification of all other eligibility factors by the
next reapplication. When the verifications cannot be obtained by the next
reapplication, the county agency shall continue the attempt and document in the
case record.

(7)
The
methods used for verification shall be thoroughly documented in the case
record. All documents submitted to the county agency shall be photocopied and
retained in the case record.

(1)
The
following changes must be reported within ten calendar days of the date that
the change occurs for Ohio works first (OWF), disability financial assistance
(DFA) and refugee cash assistance (RCA) assistance groups:

(a)
Change in the source of earned and
unearned income. This includes new employment, loss of employment, changing of
jobs and initial receipt of unearned income;

(b)
Change in the amount of gross monthly
income of more than fifty dollars;

OWF and DFA assistance groups in
receipt of food assistance benefits and subject to the twelve or
twenty-four month reapplication as set forth in rule
5101:1-2-10 of the
Administrative Code, shall be required to submit an interim report to the
county agency. The interim report will provide the county agency with updated
information on the assistance group's circumstances.

(1)
For assistance groups subject to the
twelve-month reapplication and in receipt of food assistance benefits, the
following policy is applicable;

(a)
An interim
report shall be sent to the assistance group during the fifth month through the
statewide automated eligibility
system.

(b)
The county agency
shall propose termination for an assistance group who fails to return the
interim report by the twenty-first day of the fifth month.

(c)
The county agency shall reopen an
assistance group that has been proposed for termination, without requiring a
new application when the assistance group returns the interim report during the
sixth month.

(2)
For
assistance groups subject to the twenty-four month reapplication and in receipt
of food assistance benefits, the following policy is applicable:

(a)
An interim report shall be sent to the
assistance group during the eleventh month through the
statewide automated eligibility
system.

(b)
The county agency
shall propose termination for an assistance group who fails to return the
interim report by the twenty-first day of the eleventh month.

(c)
The county agency shall reopen an
assistance group that has been proposed for termination, without requiring a
new application when the assistance group returns the interim report during the
twelfth month.

(3)
The
county agency shall reopen an assistance group that has been terminated,
without a new application when the assistance group returns the interim report
within thirty days of the closure date. The county agency shall prorate the
assistance group's benefits beginning the day the report was returned. The
assistance group has the option to refuse the pro-rated benefit.

(A)
This rule sets forth the eligibility standard used to
determine citizenship and alien status of individuals applying for or receiving
Ohio works first (OWF) and disability financial assistance (DFA) benefits. To
receive program benefits an individual must be one of the following:

The "United States" is defined as the
fifty states, the District of Columbia, Puerto Rico, Guam, Northern Mariana
Islands, and the American Virgin Islands. In addition, non-citizen nationals
from American Samoa or Swain's Island are considered U.S. citizens for purposes
of the OWF and DFA programs.

(iii)
A refugee who
is admitted to the U.S. under section 207 of the INA,
8 U.S.C.
1157 (05/2005);

(iv)
An Afghan or
Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV)
under section 101(a)(27) of the INA,
8 U.S.C.
1101 (12/2008);

(v)
An alien paroled
into the U.S. under section 212 of the INA for a period of at least one
year;

(vi)
An alien whose deportation is being withheld under
section 243 of the INA;

(vii)
An alien
granted conditional entry pursuant to section 203 of the INA as in effect prior
to April 1, 1980;

(viii)
An alien who is a Cuban or Haitian entrant pursuant to
45 CFR 401(1982) ;

(ix)
An Amerasian admitted pursuant to section 584 of
Public Law (P.L.) 100-200 (12/1987), as amended by P.L. 100-461
(10/1988);

(x)
An alien or an alien's child battered or subjected to
extreme cruelty in the U.S. by a spouse or a parent or by a member of the
spouse's or parent's family. This shall not apply to an alien during any period
which the individual responsible for the abuse is residing in the same
residence. Verification and documentation procedures for this status are
defined in exhibit B of attachment 5 of the U.S. department of justice interim
guidance dated November 17, 1997 (62 FR 61344); and

(xi)
A victim of a
severe form of trafficking in persons certified under the Victims of
Trafficking and Violence Protection Act of 2000,
Pub. L. No.
106-386, 114 Stat. 1464 (2000).

(a) A family member of
a victim of a severe form of trafficking in persons who holds a visa, for
family members authorized by the Trafficking Victims Protection Reauthorization
Act of 2003, Pub. L. 108-193, 117 Stat. 2875 (2003).

A qualified alien who entered the U.S.
prior to August 22, 1996 and continuously resided in the U.S. until attaining
qualified alien status shall continue to meet the citizenship requirements for
OWF and DFA.

A qualified alien who enters the U.S.
on or after August 22, 1996 does not meet the citizenship requirement for OWF
and DFA with the following exceptions:

(i)
Refugee's as set
forth in paragraph (A)(2)(a)(iii) of this rule, eligibility is limited to five
years from the date of entry into the U.S.;

(ii)
Victims of
severe forms of trafficking who are potentially eligible for benefits and
services to the same extent as an alien admitted to the U.S. as a refugee in
accordance with rules
5101:1-2-30.1 and
5101:1-2-30.3 of the Administrative Code;

(iii)
Indefinite
detainees or lifers after being convicted of a crime that triggers a final
order of removal, may have a status making them potentially eligible in
accordance with rule
5101:1-2-30.2 of the
Administrative Code;

(iv)
An alien granted asylum under the INA. Eligibility is
limited to five years from the date asylum was granted;

(v)
An Afghan or
Iraqi alien admitted to the U.S. who was granted a special immigrant visa (SIV)
under section 101(a)(27) of the INA,
8 U.S.C.
1101 (12/2008). Eligibility is limited to
five years from the date of entry into the U.S.;

(vi)
An alien whose
deportation is being withheld under section 243 of the INA. Eligibility is
limited to five years from the date of entry into the U.S.;

(vii)
An alien who
is a Cuban or Haitian entrant pursuant to 45 CFR. 401 (1982). Eligibility is
limited to five years from the date the status as a Cuban or Haitian entrant is
granted;

(viii)
An Amerasian admitted pursuant to section 584 of
Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461 (10/1988).
Eligibility is limited to five years from the date the individual was admitted
into the U.S. as an Amerasian immigrant;

(ix)
Aliens lawfully
admitted into the U.S. for permanent residence under the INA and have worked
forty qualifying quarters of coverage under Title II of the Social Security Act
or can be credited with quarters that are creditable for any period beginning
after December 31,1996 and did not receive any federal means-tested public
benefit during any quarter.

(a) Qualifying
quarter shall be credited as follows:

(i) All quarters of
coverage worked by a natural or adoptive parent if the quarters were worked
before the date the alien attains age eighteen; and

(ii) All quarters
worked by a spouse of such alien during their marriage if the alien remains
married to such spouse or such spouse is deceased.

(iii) A qualifying
quarter does not include any quarter after December 31, 1996, in which the
individual worked and also received a federal means-tested public
benefit.

(x)
Veterans and active duty service personnel lawfully
residing in Ohio and are:

(a) A veteran with an
honorable discharge and not on account of alienage; or

(b)On active duty
(other than active duty for training) in the U.S. armed forces as defined in
section 5303A(d) of Title 38, United States Code (U.S.C.)(2007).

(c) The surviving
spouse of a deceased veteran or individual on active duty, provided the spouse
has not remarried and the marriage fulfills the requirements of
38 U.S.C.
1304(2004) or the unmarried
dependent child(ren) of an individual as defined in paragraph (A)(2)(x) of this
rule.

(d) Filipino war
veterans who fought in World War II as described in
38 U.S.C.
107(2004) .

(B)
Eligibility
categories: each category of eligible alien status stands alone for purposes of
determining eligibility. Subsequent adjustment to a more limited status does
not override eligibility based on an earlier less rigorous status. Likewise, if
eligibility expires under one eligibility status, the county agency must
determine if eligibility exists under another status.

(C)
Timeframe for
verification submission: the county agency must provide alien applicants with a
reasonable opportunity to submit acceptable documentation of their eligible
alien status. A reasonable opportunity must be at least ten days from the date
of the county agency's request for an acceptable document.

(1)
The county agency shall verify the authenticity of the documentation of
eligible alien status of applicant aliens. If an alien does not wish the county
agency to contact the department of homeland security to verify his or her
immigration status, the county agency must give the assistance group the option
of withdrawing its application or participating without that assistance group
member. The U.S. department of justice interim guidance dated November 17, 1997
(62 FR 61344) contains information on acceptable documents and INS codes.

(2)
The
county agency shall verify the validity of the documents presented by applicant
aliens through the systematic alien verification for entitlements (SAVE)
program. In some instances validity of documents shall be verified by
submitting the department of homeland security, "Document Verification Request"
form G845S (07/08) to the appropriate office, along with the proper
documentation. SAVE procedures are set forth in rule
5101:1-1-50 of the
Administrative Code.

The Trafficking Victims Protection Act
of 2000, Pub. L. No.
106-386, division A, 114 Stat. 1464 (2000) makes
victims of severe forms of trafficking eligible for benefits and services to
the same extent as an alien who is admitted to the United States as a refugee
under section 207 of the Immigration and Nationality Act (1997).

(A)
What is the
definition of "severe forms of trafficking in persons?"

Under section 103(8) of the Trafficking
Victims Protection Act of 2000, the term "severe forms of trafficking in
persons" means:

(1)
Sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which the person induced to perform
such act has not attained eighteen years of age; or

(2)
The recruitment,
harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or
slavery.

(B)
Who determines if an individual is a victim of severe
forms of trafficking?

The office of refugee resettlement
(ORR) within the department of health and human services will make
certification determinations for victims of severe forms of
trafficking.

(1)
For adults, ORR will issue notarized letters of
certification for adult victims of severe forms of trafficking.

(2)
For children,
ORR will issue notarized letters, similar to adult certification letters,
stating that the child is a victim of a severe form of
trafficking.

(C)
What are the county agency responsibilities in
determining eligiblity for victims of severe forms of trafficking?

(a)
Accept the letters described in paragraph (B) of this
rule in place of the citizenship and immigration service documentation and
retain a copy in the case file.

(b)
Call ORR for
assistance if an individual presents an expired letter when applying for
benefits or when a redetermination is being completed and the county agency
finds that a certification letter has expired.

(c)
Call the
trafficking verification telephone line to confirm the validity of the
certification letter before providing benefits. During the verification
telephone call, notify ORR of the benefits for which the victim of trafficking
has applied.

(d)
Note the individual's entry date for refugee benefit
purposes once the letter described in paragraph (B) of this rule is received
and the validity of the document is verified by calling the trafficking
verification telephone line. The entry date is the date of
certification.

(e)
Determine eligibility or redetermine eligibility in
accordance with the appropriate program rules.

(f)
Issue benefits
and services to the same extent as a refugee, if the applicant meets other
program eligibility criteria (e.g., income levels).

(a)
Require victims of severe forms of trafficking to
provide any other immigration documents to receive benefits.

(b)
Contact the
systematic alien verification for entitlements (SAVE) to confirm eligiblity for
benefits. The SAVE system does not contain information about victims of severe
form of trafficking.

(c)
Automatically deny benefits if the individual is
unable to provide verification of identity. The county agency shall call the
trafficking verification telephone line for assistance.

(d)
Delay, deny, or
discontinue assistance to any eligible applicant because he or she does not
have a social security number. If an individual is required to provide or apply
for a social security number for another benefit program, such as medicaid,
Ohio works first, or food assistance; or the victim of severe forms of
trafficking does not yet have or is unable to obtain a social security number
for work purposes, the individual shall:

Indefinite detainees or lifers are
non-citizens who, after having served time for a criminal conviction and are
given a final order of removal by the department of homeland security (DHS)
United States citizenship and immigration services (USCIS), remain indefinitely
in the United States (U.S.) because their home country and no other country
will accept them. On June 28, 2001 the U.S. Supreme Court issued a decision
that limits an alien's detention to a period reasonably necessary to bring
about the alien's removal from the U.S. and does not permit indefinite
detention.

(C)
What must an indefinite detainee or lifer provide when
applying for benefits?

(1)
An "Order of Supervision" (USCIS I-220B). The order of
supervison should include the individual's alien registration number and
notation concerning exclusion, deportation or removal. The order shall specify
the conditions of supervision including but not limited to a requirement that
the alien:

(a)
Report to a specified officer periodically and provide information under oath
as directed;

(b)
Continue efforts to obtain a travel document and
assist in obtaining a travel document;

(c)
Report as
directed for a mental or physical examination or examinations as
directed;

(d)
Obtain advance approval of travel beyond previously
specified times and distances; and

(e)
Provide a
written notice of any change of address on form AR-11 "Alien's Change of
Address Card" within ten days of the change.

(2)
An officer
authorized to issue an order of suspension may require the posting of a bond in
an amount determined by the officer to ensure compliance with the conditions of
the order, including surrender for removal.

(3)
Employment
authorization. An officer authorized to issue an order may, in his or her
discretion, grant employment authorization. The individual may also have an
"Employment Authorization Document" (USCIS from I-766).

(2)
Call the office
of refugee resettlement (ORR) at (202) 401-9246 to inform them about the need
for an eligibility determination for an indefinite detainee.

(3)
Send a fax with
the collected information from the applicant and contact information for the
eligibility determiner handling the case at the county agency to the ORR at
(202) 401-5487. The ORR will work with the USCIS to determine the applicant's
original status, entry date and eligibility.

(4)
After
information has been received by the county agency, the ORR may contact the
county agency for additional information. The ORR will notify the county agency
of the applicant's status, entry date and eligibility.

(5)
Based upon the
information received from ORR, the county agency shall determine eligibility of
the indefinite detainee or lifer for refugee cash assistance or Ohio works
first benefits in accordance with rule
5101:1-2-40 of the
Administrative Code.

In accordance with the Victims
Protection Reauthorization Act of 2003,
Pub. L. No.
108-193, 117 Stat. 2877 (2003) certain family
members of victims of severe forms of trafficking are eligible for benefits and
services to the same extent as refugees.

A holder of a T-2, T-3, T-4 or T-5
visa (hereafter, "derivative T visa") is considered a family member of a victim
of severe forms of trafficking.

(B)
What are the
county agency responsiblities in determining eligibility for family members of
victims of severe forms of trafficking?

The county agency shall:

(1)
Accept the
derivative T visa of a non-immigrant (i.e., an alien who is allowed to enter
the United States (U.S.) for a specific purpose and for a limited period of
time).

(a)
For
an individual who is already present in the U.S. on the date the derivative T
visa is issued, the date of entry for benefits and services is the notice date
on the I-797 form, "Notice of Action" on the individual's derivative T
visa.

(b)
For an individual who enters the U.S. on the basis of
a derivative T visa, the date of entry for benefits and services is the date of
entry stamped on that individual's passport or I-94 arrival
record.

(2)
Call the trafficking verification telephone line to
notify the office of refugee resettlement of the benefits for which the
individual has applied.

The health and human services
systematic alien verification for entitlements (SAVE) system does not contain
information about non-immigrant alien family members. The county agency shall
not contact the SAVE system to confirm eligibility for benefits.

(3)
Determine eligiblity or redetermine eligiblity in accordance with the
appropriate program rules.

(4)
If the applicant
meets other program eligiblity criteria (e.g. income levels), the county agency
shall issue benefits and services to the same extent as a refugee.

In the determination of eligibility for
cash assistance benefits, the county agency is required to deem a sponsor's
income and resources to the alien. The I-864, "Affidavit of Support" has been
developed for the determination of the sponsor-deeming directive.

(1)
A sponsor is anyone who executes the I-864 "Affidavit
of Support" on behalf of an alien as a condition of the alien's entry into the
United States (U.S.).

(2)
Pursuant to section 213A of the Immigration and
Nationality Act (INA) (1954), the I-864 is completed when the income and or
resources of the sponsor and any other household member are used to qualify an
alien for sponsorship.

(4)
An alien granted
political asylum by the attorney general of the U.S.;

(5)
A lawful
permanent resident who applied for an immigrant visa at a consular's office or
adjustment of status to lawful permanent resident before December 19,
1997;

(6)
A qualified alien who is sponsored by an organization
or who is not a lawful permanent resident and who is not required to have a
sponsor;

(7)
A victim of a severe form of trafficking, as defined
in rule
5101:1-2-30 of the
Administrative Code;

(8)
Certain family members of a victim of a severe form of
trafficking in accordance with rule
5101:1-2-30.3 of the
Administrative Code;

(9)
A lawful permanent resident entering employment or
other non-family categories, such as the diversity category (i.e., lottery
immigrants) where a person did not have to sign the I-864 affidavit. Persons
from countries with low rates of immigration are allowed into the U.S. through
a lottery system;

(10)
An alien or alien's child who has been determined to
be a victim of domestic violence or extreme cruelty is exempt for a period of
twelve months:

(a)
A county agency may use any credible evidence of abuse
that is available to make a determination. This would include, but is not
limited to reports or affidavits from police, judges, other court officials,
medical personnel, school officials, clergy, social workers, other social
service agency personnel, protection orders, affidavits from family members or
others who have a personal knowledge of the battery or extreme cruelty,
photographs of injuries, and the applicant's own credible affidavit.

(b)
The
deeming exemption may not apply to the alien's benefits during any period in
which the individual responsible for such battery or cruelty resides in the
same household or family eligible unit as the individual who was subjected to
such battery or cruelty.

(c)
The exemption can be extended beyond twelve months if
the abuse or cruelty is recognized by a court order, an administrative law
judge or the United States citizenship and immigration services (USCIS), and
the victim does not live with the batterer. However, the county agency must
notify the Ohio department of job and family services, office of families and
children, of each such determination so information may be forwarded to the
USCIS. The name of the sponsor(s) and the sponsored lawful permanent
resident(s) involved should be provided;

(11)
An alien child
of a battered parent, pursuant to rule
5101:1-2-30 of the
Administrative Code;

(12)
An indigent alien who has been determined by the
county agency to be unable to obtain food and shelter taking into account the
alien's own income plus any cash, food, housing, or other assistance provided
by other individuals, including the sponsor. In this instance, only the amount
of income and resources actually provided by the sponsor or sponsor's spouse
should be considered. The exemption is granted for a twelve-month period
beginning on the date the determination is made;

(13)
An alien whose
sponsor signed an affidavit(s) of support other than the I-864 affidavit of
support; and

(1)
The sponsor and
sponsor's spouse do not have to reside in the household of the sponsored alien
or any member of the alien's assistance group for the deeming provision to
apply.

(2)
An alien whose sponsor signed an I-864 affidavit on or
after December 12, 1997 and applies for OWF or DFA benefits, is subject to the
deeming requirement upon the expiration of the five-year ban on receipt of OWF
or DFA benefits in accordance with rule
5101:1-2-30 of the
Administrative Code.

(3)
The income of the sponsor and the sponsor's spouse
shall be deemed in accordance with the income allocation methodology pursuant
to rule
5101:1-23-20 of the
Administrative Code.

(4)
Resources of the sponsor and the sponsor's spouse
shall be deemed pursuant to rule
5101:1-5-30 of the
Administrative Code.

(5)
Deemed income shall be considered unearned income, and
unearned income and resources must be equally divided and budgeted among the
sponsored aliens. This deeming applies until the alien meets one of the
requirements outlined in paragraph (D)(1) of this rule.

(6)
If an alien has
two sponsors, both of whom executed an I-864 and an I-864A, "Contract Between
Sponsor and Household Member" affidavit, the income and resources of both the
primary and joint sponsor(s), as well as their respective spouses shall be
deemed to the sponsored lawful permanent resident.

(7)
An alien
sponsored pursuant to an I-864 and an I-864A affidavit shall be required to
provide such information and documentation with respect to the alien's sponsor
as may be necessary in order to make a determination of eligibility required by
this rule, and to obtain any cooperation from the sponsor necessary for any
such determination. This includes such information and documentation which the
alien or the alien's sponsor provided in support of the alien's immigration
application.

(8)
When an accepted I-864 and an I-864A affidavit
provides that an alien is not excludable as a public charge, the sponsor agrees
to financially support the alien so that the alien will not become a public
charge. Upon notification that a sponsored alien has received a benefit, the
county agency shall request reimbursement by the sponsor for the alien's
assistance. A public charge means an alien who has become (for deportation
purposes) or who is likely to become (for admission/adjustment purposes)
primarily dependent on the government for subsistence.

(A)
The refugee
resettlement program coordinates benefits and services for refugees in Ohio.
The program includes refugee cash assistance (RCA), which provides time-limited
cash assistance to refugees who are not eligible for Ohio works first (OWF) or
supplemental security income (SSI). The program also includes the refugee
social services program (RSSP) and targeted assistance program (TAP), which
offer services designed to help refugees achieve self-sufficiency through
employment.

(B)
The following definitions are applicable to the
refugee resettlement program rules, rules
5101:1-2-40.1 to 5101:1-2-40.5
of the Administrative Code:

(1)
"Assistance group" means the following individuals who
live in the same household:

(3)
"Entry date" is
the date the individual entered the U.S. in an eligible status, or the date an
eligible status was granted if it was granted in the U.S.

(a)
The entry date
for an asylee is the date asylum status was granted in the U.S.

(b)
The
entry date for individuals from Cuba or Haiti is the date documentation of
status was issued by the United States citizenship and immigration services
(USCIS).

(c)
The entry date for an adult victim of a severe form of
trafficking is the certification date from the department of health and human
services, office of refugee resettlement (ORR).

(d)
The entry date
for a minor victim of a severe form of trafficking is the eligibility date from
the letter issued by the ORR.

(e)
The entry date
for a child with an interim assistance letter is the eligibility date from the
letter issued by the ORR.

(f)
The entry date
for Iraqi and Afghan individuals holding special immigrant visa status is the
date the individual entered the U.S. or the date special immigrant status was
granted in the U.S.

(4)
"Family
self-sufficiency plan" is a plan that addresses the employment-related service
needs of the employable members in an RCA assistance group for the purpose of
enabling the RCA assistance group to become self-supporting through the
employment of one or more assistance group members.

(5)
"Individual
employability plan" is an individualized written plan for a refugee
participating in RSSP or TAP services that sets forth a program of services
intended to result in the earliest possible employment of the refugee.

(6)
"Mandatory participant" is any employable refugee receiving RCA who resides in
a county receiving an RSSP or TAP allocation pursuant to rule
5101:9-6-16 or 5101:9-6-16.1
of the Administrative Code.

(7)
"Matching grant
program" is an alternative to public assistance designed to enable refugees to
become self-sufficient within four to six months from the entry date. The ORR
enters into agreements with resettlement agencies to provide case management,
employment services, maintenance assistance and cash allowances to refugees who
volunteer to participate in the program. As a condition of participation in the
matching grant program, a refugee agrees not to access public cash assistance.
The matching grant program begins the thirty first day after the entry date and
typically ends three months later.

(8)
"Provider" is an
organization with established programs of employment services and employability
services, as described in rule
5101:1-2-40.3 of the
Administrative Code, including job referral and job placement with private
employers designed to assist refugees in becoming employed.

(9)
"Reception and
placement grants" are one-time cash grants from the U.S. department of state or
department of justice to the resettlement agency on behalf of the refugee. This
money is used to provide for the refugee family's immediate needs upon arrival
to the U.S. and is not considered as income.

(10)
"Refugee" means
an individual with original documentation issued by the USCIS or the ORR, of
one of the following statuses under the Immigration and Nationality Act of 1952
(INA):

(a)
Paroled as a refugee or asylee under section 212 (d)(5) of the INA,
8 U.S.C.
1182 (05/2007);

(b)
Admitted as a
refugee under section 207 of the INA,
8 U.S.C
1157 (05/2005);

(f)
A victim of a severe form of human trafficking, as
defined in the Victims of Trafficking and Violence Protection Act of 2000, 114
Stat. 1464, 22 U.S.C.
7102, who has a letter documenting
eligibility as such from the ORR;

(g)
A family member
of a victim of a severe form of human trafficking, as defined by the
Trafficking Victims Protection Reauthorization Act of 2003,
Pub. L. No.
108-193;

(i)
An Afghan or
Iraqi alien admitted in accordance with
Pub. L. No
110-161 of the Consolidated Appropriations Act of
2008 and Pub. L. No
110-181 of the National Defense Authorization Act
for Fiscal Year 2008, who was granted a special immigrant visa under section
101(a)(27) of the INA; or

(j)
A lawful
permanent resident, provided the individual previously held one of the statuses
identified in paragraphs (B)(10)(a) to (B)(10)(i) of this rule. The beginning
date for eligibility for benefits is based on the entry date in the previous
status.

(11)
"Resettlement agency" is a local affiliate or
subcontractor of a national voluntary agency that has entered into a grant,
contract, or cooperative agreement with the United States department of state
or other appropriate federal agency to provide for the reception and initial
placement of refugees in the U.S.

(12)
"Sponsor" means
an individual, church, civic organization, state or local government, or other
group or organization which has agreed to help in the reception and initial
placement of refugees in the U.S. and other public and private non-profit
agencies.

(13)
"Voluntary participant" is a refugee who lives in a
county receiving an RSSP or TAP allocation, whose entry date is fewer than five
years before the application date and who is not required to participate in
RSSP or TAP as a condition of receipt of RCA or who does not receive RCA.

Replaces: Part of 5101:1-2-40, Part of 5101:1-2- 40.2, Part of
5101:1-2- 40.3, Part of 5101:1-2- 40.4, Part of 5101:1-2- 40.5

Refugee cash assistance (RCA) provides
time-limited cash assistance to refugees who are not eligible for Ohio works
first (OWF) or supplemental security income (SSI) and who meet the other
eligibility requirements of this rule.

(1)
The eligibility period for RCA begins with the
refugee's entry date and ends the last day of the eighth month after the entry
date. When the first eight months since the entry date have passed, the refugee
is no longer eligible for RCA.

(2)
The eligibility
period for a refugee child with an interim assistance letter from the
department of health and human services, office of refugee resettlement (ORR)
ends ninety days after the refugee child's entry date.

(1)
The application
process and procedures are described in rule
5101:1-2-01 of the
Administrative Code.

(2)
The reapplication process is described in rule
5101:1-2-10 of the
Administrative Code.

(3)
Income eligibility, budgeting requirements and payment
levels described in rule
5101:1-23-20 of the
Administrative Code must be applied in the determination of initial
eligibility, continued eligibility, and the amount of cash assistance for
RCA.

(b)
When
the parent of a child in the RCA assistance group does not meet the status
requirement as specified in paragraph (B)(10) of rule
5101:1-2-40 of the
Administrative Code, the parent is excluded from the RCA assistance group. The
income of the ineligible parent is counted as unearned income, following
application of the income allocation methodology as described in rule
5101:1-23- 20.2 of the
Administrative Code.

(c)
Because a couple's eligibility is determined as an
economic unit, the income of a spouse who is no longer RCA eligible due to the
time limitation must be used in determining RCA eligibility for the spouse who
is still within the time limit. The budgeting method described in paragraph
(A)(2)(d) of rule
5101:1-23-20 of the
Administrative Code is applicable in determining eligibility for the spouse who
is still within the time limit.

(d)
When a required
member of the RCA assistance group is ineligible for RCA because the member
fails to meet the immigration status requirements as specified in paragraph
(B)(10) of rule
5101:1-2-40 of the
Administrative Code or because any of the conditions described in paragraph (I)
of this rule are met, the income of the ineligible member is included in the
determination of eligibility and payment level for the remaining member(s) of
the RCA assistance group, as described in paragraphs (A)(2)(c), (C) and (H)(2)
of rule
5101:1-23-20 of the
Administrative Code.

(4)
The county
agency shall prorate a payment when an assistance group has eligibility for
less than a month's benefit as described in paragraph (G) of rule
5101:1-23-40 of the
Administrative Code.

(5)
When a refugee applies for RCA and the only assistance
payment would be for the refugee's last month of eligibility, the assistance
payment must be made for that month, even if the payment is not issued until
after the end of the last month of time-limited eligibility.

(6)
All refugees who
allege blindness or a disability, or who are at least sixty-five years of age,
shall be immediately referred to the social security administration to apply
for SSI.

(a)
When a refugee has applied for SSI, the refugee may receive RCA until SSI
benefits are approved for as long as the conditions of eligibility for RCA are
met.

(b)
When an SSI payment is made in the same month an RCA
benefit is issued, the county agency must initiate overpayment activity in
accordance with rule
5101:1-23-70 of the
Administrative Code.

(1)
Verification and
reporting procedures are described in rule
5101:1-2-20 of the
Administrative Code.

(2)
Verification of the authenticity of documents provided
by the individual through the automated systematic alien verification for
entitlements (SAVE) system, as described in rule
5101:1-1-50 of the
Administrative Code, applies to applicants for RCA.

(3)
When a refugee
receiving reception and placement services from a resettlement agency applies
for cash assistance, the county must:

(a)
Promptly notify
the local resettlement agency that the refugee applied for cash
assistance,

(b)
Confirm with the resettlement agency that the refugee
has not voluntarily quit or refused a valid offer of employment in the thirty
days prior to applying for cash assistance

(c)
The county
agency must notify the resettlement agency of any action which involves: the
termination of benefits, the removal of one or more people from an assistance
group, or a change in the delivery of benefits.

(4)
Rule
5101:1-1-03 of the
Administrative Code applies to the confidentiality, safeguarding and sharing of
information related to applicants, recipients or former recipients of
RCA.

(5)
Rules
5101:1-23-70 and
5101:1-23-60 of the
Administrative Code regarding recovery of overpayment and corrections of
underpayments apply to former and current recipients of RCA.

(6)
An RCA applicant
or recipient has all the hearing and notice requirement rights set forth in
division 5101:6 of the Administrative Code.

(7)
The criteria for
destruction of RCA assistance group records is subject to the procedures
described in rule
5101:9-9-21 of the
Administrative Code.

(1)
Employable RCA
recipients must participate in employment and employability services. Services
may be provided by:

(a)
A refugee social services program (RSSP) provider who
serves the county in which the recipient resides. The provider will complete
the individual employability plan with the refugee and provide employment and
employability services.

(b)
County agencies that receive a targeted assistance
program (TAP) allocation, as described in rule
5101:1-2- 40.5 of the
Administrative Code. The refugee must abide by the agreed upon services in the
individual employability plan as described in paragraph (E) of rule
5101:1-2- 40.5 of the
Administrative Code.

(2)
There is no
minimum number of hours of participation in employment or employability
services to receive RCA.

(G)
What are the
county agency responsibilities for employable RCA recipients?

County agencies shall:

(1)
Refer all
employable RCA recipients to receive employment services through a provider of
RSSP services or TAP within thirty days of receipt of
assistance.

(2)
Inform a refugee receiving RCA in writing that failure
without good cause to participate in employment services and employability
services may affect the assistance payment.

(3)
Monitor changes
in exemption status and refer refugees who are not exempt from participation to
providers of employment and employability services.

(4)
Permit, but not
require, the voluntary registration for employment services of an RCA recipient
who is exempt from participation as set forth in paragraph (B)(2) of rule
5101:1-2-40 of the
Administrative Code. The cash benefit cannot be impacted by failure or refusal
to participate.

(H)
What are the
responsibilities of county agencies without a provider or RSSP services?

(1)
Agencies may
refer RCA recipients to employment services and English language training in
their area.

(2)
RCA benefits cannot be impacted by a refugee's failure
to voluntarily participate in services.

(1)
The refugee must provide documentation of refugee
status, as described in paragraph (B)(10) of rule
5101:1-2-40 of the
Administrative Code.

(2)
The refugee must provide the name of the resettlement
agency that helped with resettlement in the United States. Refugees with status
documentation described in paragraphs (B)(10)(a) and (B)(10)(c) to (B)(10)(j)
of rule
5101:1-2-40 of the
Administrative Code, may not have worked with a resettlement agency and are
therefore exempt from this requirement.

(3)
As a condition
of receipt of RCA, all employable assistance group members are required
to:

(a)
Participate in employment and employability services with a provider or TAP
within thirty days of receipt of assistance;

(b)
Comply with the
provisions of the individual employability plan as written by a RSSP or TAP
provider;

(c)
Go to job interviews arranged by the county agency,
provider or resettlement agency which was responsible for the initial
resettlement of the refugee; and

(a)
The position
offered is vacant due to a strike, lockout, or other bona fide labor dispute;
or

(b)
The individual would be required to work for an
employer contrary to the conditions of existing membership in the union
governing that occupation. However, employment not governed by the rules of a
union in which the refugee is a member may be deemed
appropriate.

(5)
A refugee is not required to accept an offer of
employment if such a job would interrupt a program of services planned or in
progress if:

(a)
The refugee is currently participating in on-the-job
training provided at the employment site and is expected to result in
full-time, permanent, unsubsidized employment with the employer who is
providing the training; or

(ii)
Is appropriate to the local labor market needs and is
of sufficient quality to meet the requirements of local employers;
and

(iii)
Is provided to the fullest extent possible outside
normal working hours to avoid interference with employment; or

(c)
The
refugee is participating in skills recertification services to help the refugee
qualify to practice their profession in the United States. The training may
consist of full-time attendance in a college or professional training program
provided that;

(ii)
The training is
part of the refugee's individual employability plan;

(iii)
The training
does not exceed one year in duration, including any time enrolled in such a
program in the United States prior to the refugee's application for
assistance;

(iv)
The training is specifically intended to assist
refugees in becoming certified in their professions; and

(v)
If the training
is completed, it can realistically be expected to result in such
certification.

(6)
The inability to
communicate in English does not exempt a refugee from participation in
employment services or acceptance of appropriate offers of
employment.

(7)
The refugee has ten calendar days to report a change
in employment status or any other factor that may affect eligibility to the
county agency or the provider.

(J)
What if the
refugee fails or refuses to cooperate with the individual employability plan,
voluntarily quits a job or refuses a job offer?

(1)
The county
agency must determine whether good cause exists as described in rule
5101:1-3-13 of the
Administrative Code.

(2)
When an employable refugee quits a job or fails or
refuses, without good cause, to comply with paragraph (I)(3) of this rule,
sanctions are applied.

(a)
The sanction period is three payment months for the
first failure. RCA is terminated for any subsequent failure.

(b)
If the
sanctioned individual is the only member of the RCA assistance group, the
assistance must be terminated for the sanction period.

(c)
If there are
other assistance group members, the county agency must not take into account
the sanctioned individual's needs in determining the remaining assistance
group's need for assistance.

(3)
Refugees in
receipt of RCA who are not considered employable in accordance with paragraph
(B)(2) of rule
5101:1-2-40 of the
Administrative Code, and who voluntarily participate in employability services
and employment services must be deregistered from services for ninety days if
they fail to comply with paragraph (I)(3) of this rule without good cause. The
cash benefit shall not be impacted.

The targeted assistance program (TAP)
provides employment and employability services to refugees for the first five
years from their entry date. The policies and procedures outlined in this rule
apply to county agencies that receive a TAP allocation pursuant to rule
5101:9-6- 16.1 of the
Administrative Code.

(1)
A refugee for
whom less than five years have passed since their entry date and who reside in
a county receiving TAP funds. If the county agency uses TAP funds for
citizenship and naturalization services, there is no time limit for these
services.

(a)
A
refugee does not have to apply for or receive cash assistance to be eligible
for TAP.

(b)
Resources and income of the refugee are not considered
when determining eligibility for TAP.

(c)
A refugee
receiving Ohio works first (OWF) is eligible to participate in TAP services
that are not available as part of the OWF program in the county in which they
reside.

(d)
A refugee participating in a matching grant program
through a resettlement agency is eligible to participate in TAP services that
are not included in the resettlement agency's matching grant program. TAP
services as described in paragraph (D) of this rule cannot be provided to
matching grant participants.

(2)
A refugee who is
sixteen years of age or older and who is not a full-time student in elementary
or secondary school, may receive services as described in paragraphs (C) and
(D) of this rule if the services are intended to:

(a)
Lead to
part-time or temporary employment while the person is a student;

(3)
A refugee child
with an interim assistance letter from the department of health and human
services, office of refugee resettlement (ORR), may receive services for up to
ninety days after the individual's entry date.

(1)
Employment or
employability services may be provided by the county agency or a provider. A
provider must agree to notify the county whenever a refugee fails or refuses to
participate in required services or fails to accept an offer of
employment.

(2)
Services must be refugee-specific and designed to meet
individual refugee needs and lead to self-sufficiency as quickly as possible.
Vocational or jobs skills training, on the job training, or English language
training may be standardized and need not be specific to the refugee
population.

(a)
The position is
vacant due to a strike, lockout, or other bona fide labor dispute;
or

(b)
The individual would be required to work for an
employer contrary to the conditions of existing membership in the union
governing that occupation. However, employment not governed by the rules of a
union in which the refugee is a member may be deemed
appropriate.

(14)
The quality of training must meet the local employer's
requirements so that the individual is in a competitive position in the local
labor market.

(C)
What employment and employability services may be
provided? (1) Employment services including:

(a)
Development of a
family self-sufficiency plan for each assistance group;

(a)
Employment-related case management services, including referral to services and
the tracking of a refugee's participation in services.

(b)
English language
training, with an emphasis on English as it relates to obtaining and retaining
a job. The training must be provided concurrent with employment or other
employment related services.

(i)
To avoid interference with employment, English
language training must be provided outside normal working hours to the fullest
extent possible.

(ii)
English language testing must be conducted to
determine if the refugee is able to benefit from an available English language
training program.

(a)
Refugees who test at a level above the available level
of English language training are exempt from further participation in English
language training.

(b)
Refugees who test at a level below the available level
of English language training must participate in English language
training.

(1)
A county that
receives a TAP allocation may arrange for refugees to participate in additional
services as outlined in the individual employability plan. Services must be
designed to lead to the earliest possible employment and may include the
following employability services:

(b)
On the job training, when such training is provided at
the employment site and is expected to result in full-time, permanent,
unsubsidized employment with the employer who is providing the
training.

(ii)
The training is
appropriate to the needs of the local labor market and is of sufficient quality
to meet the requirements of local employers; and

(iii)
The training
is provided to the fullest extent possible outside normal working hours to
avoid interference with employment.

(d)
Skills
recertification services to help refugees qualify to practice their professions
in the United States. The training may consist of full-time attendance in a
college or professional training program under the following conditions:

(ii)
The training is part of the refugee's individual
employability plan;

(iii)
The training does not exceed one year in duration,
including any time enrolled in such program in the United States prior to the
refugee's application for assistance; and

(iv)
The training is
specifically intended to assist the refugee in becoming certified in their
profession and if the training is completed, it can realistically be expected
to result in such certification.

(e)
Child care when
necessary for participation in employment or employability services or for the
acceptance or retention of employment.

(f)
Transportation,
including driver's education, when necessary for participation in an employment
or employability service or for the acceptance or retention or
employment.

(g)
Translation and interpreter services when necessary in
connection with employment or participation in an employment service or
employability service.

(2)
Other services may be provided to refugees with prior
approval of the state refugee coordinator.

(E)
What is the
family self-sufficiency plan (FSSP) and the individual employability plan
(IEP)?

(1)
The
FSSP outlines the plan for an assistance group to become self-sufficient
through the employment of one or more assistance group members. An FSSP must be
completed for each assistance group receiving TAP services.

(a)
Be developed as
part of an FSSP, where applicable, for each TAP participant;

(b)
Have a definite
employment goal leading to the earliest possible employment, attainable in the
shortest time period consistent with the employability of the refugee in
relation to job openings in the area;

(c)
Not discourage
or delay looking for employment or accepting offers of employment;
and

(d)
Be completed in collaboration with the refugee and
must be developed for each refugee receiving TAP services and may be modified
to reflect changed services or employment conditions.

The FSSP and IEP may be developed by
the county agency, the resettlement agency or a provider. If a plan is
completed by an entity other than the county agency, the county agency may
accept the plan if it determines that the plan is appropriate for the refugee
and meets the requirements of this rule.

(1)
County agencies receiving a TAP allocation in
accordance with rule
5101:9-6- 16.1 of the
Administrative Code shall:

(a)
Afford all refugees an opportunity to apply for TAP.
Refugees applying for or in receipt of refugee cash assistance (RCA) or refugee
medical assistance do not need to complete a separate application for
TAP;

(b)
Determine eligibility for TAP within thirty days of
the application date;

(c)
Complete a family self-sufficiency plan for each
assistance group; and

(d)
Provide or arrange for employment and employability
services for refugees in the following priority:

(iii)
Employed
refugees in need of services to retain employment or to attain economic
independence.

(2)
TAP case records
must contain documentation of an individual's refugee status in accordance with
paragraph (B)(10) of rule
5101:1-2-40 of the
Administrative Code, including copies of both sides of the status
documentation.

(3)
Verification of the authenticity of documents provided
by the individual through the automated systematic alien verification for
entitlements (SAVE) system, as described in rule
5101:1-1-50 of the
Administrative Code, applies to applicants for TAP.

(4)
Eligibility
redetermination for TAP must be completed at least once every twelve months or
more frequently if needed.

(a)
Information regarding changes in TAP status may come
from the refugee, the resettlement agency, or a provider.

(b)
If a refugee
begins working and is no longer eligible for RCA, mandatory TAP participation
stops. The refugee may become a voluntary participant in TAP.

(c)
If the county
agency receives employment information that is questionable, the county shall
request verification.

(5)
Information
relating to applicants, participants, and former participants of TAP is subject
to confidentiality standards described in section
5101.27 of the Revised
Code.

(6)
A refugee applying for or in receipt of TAP has all
the hearing and notice requirements as described in division 5101:6 of the
Administrative Code. Except when services continue as a result of a timely
hearing request, services must be terminated effective the end of the last
month of the time-limited eligibility period as described in paragraphs (A)(1)
and (A)(3) of this rule.

(7)
Each county receiving a TAP allocation must provide a
plan to the Ohio department of job and family services (ODJFS) by September
first of each year. The plan must:

(a)
Describe the goals of the TAP program related to
refugee employment in the county and plans to reach and monitor achievement of
these goals;

(b)
Describe how the county coordinates cash and medical
assistance with TAP services to promote employability and economic
self-sufficiency as quickly as possible;

(c)
Describe how the
county ensures that language training and employment services are made
available to all refugees, including efforts to encourage registration for
employment services;

(d)
Explain how TAP allocations will be used and how
services are selected and monitored;

(e)
Ensure services
are provided to refugees following the priority described in paragraph
(G)(1)(d) of this rule;

(f)
Designate a county agency staff person responsible for
the coordination of TAP services to refugees in the county;

(g)
Designate an
individual to provide timely and accurate reports to ODJFS;

(i)
Compliance with
all state and federal statutes and regulations while in receipt of a TAP
allocation.

(ii)
Services and benefits to refugees are coordinated and
not duplicated within the county.

(iii)
Communication
and collaboration occurs among refugee resettlement agencies, social service
agencies, health providers, and public agencies serving
refugees.

(iv)
The TAP allocation is used for employment and
employability services designed to assist refugees in obtaining jobs with on
one year of becoming enrolled in services. The goal is for refugees to achieve
and maintain economic self-sufficiency.

The Ohio works now program provides
additional food assistance benefits to food assistance assistance groups with
minor children and employed parents to help offset the cost of being employed.
The Ohio works now food assistance benefit is part of the temporary assistance
for needy families program (TANF) and therefore is subject to the requirements
of Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996),
42 U.S.C.
601.

(1)
Participation in
the Ohio works now program is determined automatically on a monthly basis based
on data in the client registry information system-enhanced (CRIS-E).

(2)
For
members of a food assistance assistance group to receive the Ohio works now
benefit, data in CRIS-E must indicate the assistance group:

(a)
Includes a minor
child as defined in rule
5101:1-1-01 of the
Administrative Code and the biological or adoptive parents of the minor child
residing in the same household; or a pregnant woman with no other children who
is at least in her sixth month of pregnancy; and

(b)
At least one
parent must be working thirty hours per week, with the exception of a single
parent with a child under age six who is required to work twenty hours per
week. Two-parent households are required to work a combined fifty-five hours
per week with one parent working at least thirty hours per week.

(1)
Any food assistance assistance group that includes a
member that is also receiving Ohio works first benefits in the month, including
Ohio works first benefits received pending a state hearing pursuant to rule
5101:6-4-01 of the
Administrative Code;

(2)
A member of a food assistance assistance group that is
receiving food assistance pending a state hearing on the issue of termination
of benefits pursuant to rule
5101:6-4-01 of the
Administrative Code; and

(3)
Any food assistance assistance group that no longer
meets the criteria set forth in paragraph (A)(2)of this rule.

(2)
Ohio
works now food assistance benefits shall be used pursuant to rule
5101:4-5-15 of the
Administrative Code.

(D)
Are Ohio works
now benefits subject to Ohio works first and food assistance program
requirements?

(1)
A family in receipt of Ohio works now food assistance
benefits is not subject to Ohio works first requirements, including, but not
limited to:

(a)
Assigning child support or cooperating with child support
enforcement as set forth in rule
5101:1-3-10 of the
Administrative Code.

(b)
Participating in work activities as set forth in rule
5101:1-3-12 of the
Administrative Code.

(c)
Counting any month of receipt toward the time-limited
receipt of TANF assistance as set forth in rule
5101:1-23-01 of the
Administrative Code.

(2)
Ohio works now
food assistance benefits shall not be used in the calculation of participation
hours for the food assistance employment and training program as set forth in
rule 5101:4-3-31 of the
Administrative Code.

(3)
The Ohio works now food assistance benefit shall not
be considered in the food assistance income eligibility determination and
allotment amount.

(E)
How are the
amount and duration of the Ohio works now benefit determined?

(1)
The amount of
Ohio works now food assistance benefits to be issued will be determined by the
Ohio department of job and family services and will be the same amount for each
eligible food assistance assistance group. The monthly amount of Ohio works now
food assistance will be set forth in an Ohio department of job and family
services cash assistance action change transmittal letter which will be
distributed to all county agencies.

(2)
No more than one
Ohio works now food assistance benefit may be issued to a food assistance
assistance group per month.

(3)
In order to
confine Ohio works now expenditures to appropriated state funds, the director
of the Ohio department of job and family services, or his designee, may issue
an order at any time suspending the program or reducing the benefit amount. The
order will be distributed to all county agencies on the same day and will
remain in effect until rescinded.

(F)
What is the
county agency's responsibility in the case of erroneous payments or fraud?

(1)
Each
county agency shall take action to recover fraudulent assistance as defined by
rule 5101:1-23-75 of the
Administrative Code.

Cash, check, money order and credit or
debit cards are acceptable forms of repayment; however, if a county agency does
not have the capability to accept credit or debit cards it does not have to
accept this form of repayment.

(2)
Ohio works now
food assistance benefits shall not be used to repay a claim of erroneous
payment or overpayment for any public assistance program.

(1)
The United States
(U.S.) repatriate program provides temporary assistance, care and treatment for
persons after they have returned to this country.

(2)
Temporary financial assistance is
provided in the form of a loan that is required to be repaid to the U.S.
government. It may be furnished to individuals for up to a maximum of ninety
days from the date of arrival in the U.S.

(a)
Cash assistance at the port of entry when
it is determined that the repatriate has no such resources immediately
available to him or her. Assistance provided to the individual includes:

(i)
Transportation costs - a one-time expense
to assist individuals in reaching their place of residence, the home of
relatives, or the place where they will be resettled. The lowest cost and most
direct means of transportation shall be used unless effective service to the
individual calls for providing other accommodations. Transportation assistance
will cover expenses incidental to travel such as meals and lodging en route and
assistance with luggage, checking, storage, or transportation of personal
effects.

(ii)
Meals and food items
- this includes the cost of a special diet as recommended by a physician;

(iv)
Shelter - the need for temporary housing
should not exceed five days at the point of entry.

Cash assistance will be nominal in amount if the repatriate's
needs for temporary shelter and food are being met on a congregate basis, with
cash provided only for personal items.

(b)
The cost of necessary medical assistance,
including payment of the cost of medical and hospital care which is necessary
because of the condition of an eligible repatriate's health.

(i)
This care shall be paid in accordance
with the Ohio department of job and family services (ODJFS) fee schedule.

(ii)
In lieu of the ODJFS fee
schedule, the customary fees paid by other third-party groups such as health
maintenance organizations may be paid.

(c)
The payment is based upon the
TANF (Ohio works first-OWF) payment standard for the family assistance group
size. There are other essential needs that may be provided such as
household furnishings to make a home liveable and to provide for the safety,
health and welfare of the repatriate and the repatriate's family. These needs
can be authorized one time only.

(4)
The
individual has no income or resources immediately available for living
expenses.

(a)
Assistance for repatriated U.S.
citizens shall be given when the individual's liquid resources are at or below
the maximum resource limits as set forth in rule
5101:4-4-01 of the
Administrative Code and the income is insufficient to meet the expenses for
food, clothing, shelter, medical care, and other essential needs.

(b)
Resources to be considered are only those
immediately accessible. Resources are considered immediately accessible when
they are in existence, under the control of the individual, and when the
individual can utilize them. The fact that an individual may have resources in
a foreign country does not affect eligibility if the foreign country prohibits
their removal.

(c)
Income
eligibility must be determined. The individual may have income through an
employer prior to his or her repatriation. When this occurs, the income and
eligibility calculation shall be determined in accordance with rule
5101:1-23-20 of the
Administrative Code.

(1)
The U.S. department of state certifies
the person(s) who qualify for assistance under this
program.

(2)
If an individual
returns to the U.S. because of destitution or illness and needs assistance
, the U.S.
department of state will notify the office of refugee
resettlement (ORR) in the department of health
and human services (DHHS), who makes a
referral to the international social service-United States of America branch,
incorporated (ISS-USA) with information about the
individual situation, arrival time and final destination.

(4)
ODJFS shall contact the county
agency in the county of final destination.

(5)
Following
such notification, the county agency shall take the following actions:

(a)
Determine the initial housing needed. If
arrival occurs before the housing plans can be completed, a temporary hotel or
motel may be used.

(b)
Make plans
to meet the repatriate and the repatriate's family. In most instances, this
will be at the local airport.

(c)
Advise the ISS-USA and ODJFS
of the name,
address and telephone number of the person meeting the repatriate and of the
housing arrangements.

(d)
Provide each repatriate with a copy of
the "Welcome Package" provided by ISS-USA which explains the program and the requirements to repay
the federal government for the cost of services received.

(e)
The individual will also be asked to
complete the repatriation program consent form which allows the
ORR, and the repatriation
program to collect, have access to, and disclose protected health information
for the purpose of making program
financial decisions .

(g)
Determine the repatriate's ability to
repay as set forth in paragraph (F) of this rule and develop a repayment plan
when possible.

(h)
Determine
eligibility for repatriate assistance and authorize financial and medical
assistance in the form of county money payments.

(i)
Refer all cases to the
county agency social service area for counseling and
referral for employment, referral for educational opportunities, occupational
retraining, housing services, legal services, child care and protection, if
indicated. Other services may also be necessary to help the repatriate and his
or her family adapt to the changes in their circumstances and to become
self-supporting as quickly as possible.

(j)
Explore eligibility for other programs
such as OWF, medicaid, and food assistance.

(k)
Maintain a record of the
period of eligibility and the amounts of the assistance the repatriate receives
in two categories:

(D)
How long can an individual receive
assistance under the repatriate program?

(1)
The assistance described in
paragraph (A)(3)(c) of this rule may be authorized for a period of up to ninety
days from the day of arrival of the eligible person into the U.S., provided the
individual or family is not eligible for OWF or supplemental security income
SSI.
If the ninety-day period passes and there is no request for further assistance,
the repatriate is no longer eligible under this program.

(2)
If the repatriate is not eligible for
assistance through OWF or SSI and is unable to attain self-support due to age,
disability, or lack of vocational training, repatriate assistance may be
extended for an additional nine months when authorized by the ISS-USA.

(3)
The county agency shall submit any request for an extension to
ODJFS, as
soon as the need for additional assistance is recognized. The request for
additional repatriate assistance shall be submitted prior to the expiration of the
initial ninety-day period of eligibility.

(4)
All requests for an extension of
temporary assistance beyond the ninety-day period shall include the following
information:

(a)
The names of all family
members, their country of citizenship, and their relationship to the U.S.
citizen;

(c)
Documentation regarding why the family is not eligible for or receiving OWF
or SSI assistance;

(d)
For cases where immigration status
precludes a family from meeting eligibility for OWF assistance, the
county agency shall document its efforts to resolve U.S.
citizenship and immigration barriers;

(e)
A statement describing the job
search efforts of the head or heads of household; and

(f)
Any special circumstances which describe
the reasons why an individual or family is unable to achieve self-support
should also be stated in the request.

(E)
How much assistance can an individual
receive under the repatriate program?

The maximum amount of assistance that
an individual may be eligible to receive each month of the ninety-day period
shall be based on the appropriate OWF payment standard for the family
assistance group size.

(F)
Is repayment required
for individuals who receive assistance under the repatriate program?

(1)
An individual who has received repatriate
assistance shall be required to repay any or all of the cost of such assistance
to the U.S. A cooperative agreement exists between the
, ORR and the ISS-USA. A
county agency who provides assistance to eligible
individuals under the repatriate program will receive reimbursement from the
ISS-USA.

(2)
The
county agency shall evaluate the repatriate's ability to
repay during the initial contact and interview. The repatriate shall be
required to sign the "Privacy Act Statement/Repayment Agreement" regardless of
his or her ability to repay or the county agency recommendation to waive the
repayment. The
county agency shall forward the recommendation regarding
financial ability of the repatriate to make repayment, the repatriation program
consent form if signed, and the "Privacy Act Statement/Repayment
Agreement"
to ISS-USA within ten business days of the initial
contact with the repatriate.

(3)
In exploring the repatriate's ability to repay, the county agency shall take into account income and resources
currently available to the repatriate and those resources which may be
available in the future.

(4)
Ability to repay will be considered to exist when income and/or resources in
excess of continuing needs can be expected to become readily available to the
individual within one year after self-support is attained. It is not intended
that an individual deplete income and/or resources which are needed to become
independent or to maintain independence in order to repay the federal
government. Income and/or resources are to be considered readily available when
they are in existence, under the control of the repatriate, and sufficient to
be drawn upon for repayment. When exploring the repatriate's ability to repay,
such factors as the type of usual occupation, amount of indebtedness, and
employment history shall be considered.

(5)
Assistance that is less than fifty
dollars is impractical for collection and is not required to be repaid.

(1)
In the event of emergency repatriation
situations that result from the U.S. department of state-assisted evacuation of
U.S. citizens from a country due to crisis or natural disaster, the
ORR will assume administrative
responsibilities. These situations will generally be handled by the
ORRas
the lead agency responsible for arranging through state agencies for the
reception, temporary care, and onward transportation to the final destination
of non-combatant evacuees returned to the U.S. from a foreign country.

(2)
Financial assistance under the
repatriate program is subject to one hundred per cent federal reimbursement. It
is essential that the county agencysubmit claims as soon as possible
after the end of each month, but no later than ten business days after the
close of the month. If claims cannot be submitted within the time frame
designated, the county agency shall notify ISS-USA so that regulations can be followed to
assure that federal funds will be obligated and available to pay the claim when
it is received.

(3)
The
county agency is required to keep separate accounts for the
repatriate program so that the transactions may be
readily identifiable from those of other programs. A separate fiscal record
should be established and maintained for each person for whom expenditures are
made with sufficient information, including copies of bills paid and receipts,
to enable the county agency to identify and support the costs for
which reimbursement is requested.

(4)
All hearing rights in accordance with
division 5101:6 of the Administrative Code are to be afforded to
applicants or recipients of the repatriate
assistance program who wish to appeal a decision made by the
county agency.

(A)
What are the options for the issuance of
cash assistance benefits?

(1)
Assistance
groups applying for or in receipt of Ohio works first (OWF), disability
financial assistance (DFA) and refugee cash assistance (RCA) have two options
for the issuance of monthly cash benefits. The two options are:

(a)
If the assistance group selects
direct deposit it shall complete the JFS 07344 "Direct Deposit Authorization"
(rev. 8/2009). This form shall be retained by the
county agency in the assistance group record.

(b)
If the assistance group fails to
designate an account suitable for direct deposit and submit the JFS 07344
within ten days, the county agency shall issue the benefits on the electronic
payment card.

(a)
If the assistance
group chooses the electronic payment card, the county agency shall make the
appropriate designation in the client registry information system-enhanced
(CRIS-E). This will result in the mailing of the electronic payment card and
informational material to the assistance group payee or protective
payee.

(b)
If the assistance group
has not completed the process to activate the electronic payment card within
sixty days from the day the benefits were authorized by the county agency, the
county agency shall attempt to make contact with the assistance group to ensure
that eligibility for cash benefits exists. If the assistance group has not
completed the process to activate the electronic payment card within ninety
days of the issuance of cash benefits, the benefits will be expunged on an
ongoing basis ninety days from the benefit issuance date until the card is
pinned.

(3)
When a
benefit issuance method is selected, no change will be made until the next
reapplication, unless the county agency determines that there is good cause for
a change before the next scheduled reapplication or the financial institution
dishonors the assistance group's direct deposit account.

(a)
Certain transactions may incur fees
associated with the electronic payment card. A complete list of fees is
provided by the vendor in the client disclosure statement materials.

(b)
Fees associated with the use of the
electronic payment card will be deducted from the balance on the
card.

(c)
Fees deducted from the
balance on the card will be identified on the assistance group's account. The
assistance group can confirm the balance by tracking the account on the
internet or calling the electronic payment card vendor's customer service
number.

(d)
If the assistance group
disputes the fees associated with the use of the card, the county agency shall
refer them to the electronic payment card vendor's customer service number for
resolution.

(E)
What happens if the assistance group's
benefit is lost, stolen or not received?

(a)
If the assistance group
receives benefits by direct deposit and the bank account has closed or the
direct deposit has been dishonored, the assistance group must notify the county
agency.

(b)
If the assistance group
fails to notify the county agency prior to the issuance of the benefit, the
payment will not be accepted by the financial institution for deposit and will
be returned to the Ohio department of job and family services
(ODJFS).

(c)
If a direct deposit
has been rejected by a financial institution the county agency shall make
contact with the assistance group to determine if either a change in the direct
deposit bank account is needed or if there is good cause to change the issuance
method to the electronic payment card.

(a)
If the electronic payment card is lost,
stolen or not received, the assistance group must contact the electronic
payment card vendor's customer service number to request a replacement
card.

(b)
Each assistance group can
receive up to four replacement cards at no cost every twelve months. The twelve
month period of time is calculated from the initial card issuance
date.

(c)
There is a fee for
additional replacement cards after the four free replacements.

(3)
There may be a rare situation
where a paper warrant is issued. If a paper warrant is issued and is either
lost, stolen or not received, the county agency shall take the action necessary
to stop payment on the missing
warrant and contact ODJFS to request a replacement warrant to be issued. The
issuance payment method in CRIS-E must be overridden by ODJFS before a
replacement warrant can be issued. A handwriting sample and affidavit may still
be required to be completed by the assistance group before a replacement
warrant is issued.

(a)
The assistance group shall be advised to
report changes to the county agency so that the direct deposit payment can
continue with as little interruption as possible. This includes a change in the
account number, financial institution, or a change in the payee for the
assistance group.

(b)
If there is a
change in a bank account or savings and loan account number or transit routing
number, all direct deposit data must be re-entered on the appropriate screen in
CRIS-E.

(c)
A change in county of
residence will not result in a change in benefit payment method from direct
deposit.

(d)
If there is a dispute
or question relating to purchases or fees assessed on the direct deposit bank
account, the assistance group shall contact the financial institution who holds
the direct deposit bank account.

Pursuant to section
3121.891 of the Revised Code,
all employers are required to provide information to the Ohio department of job
and family services (ODJFS) about employees who are newly hired, rehired, or
who have returned to work within twenty days from the date of hire. This
requirement was mandated under the Personal Responsibility and Work Opportunity
Reconciliation Act, Public
Law 104-193 (1996),
42 U.S.C.
653a.

Pursuant to section
3121.898 of the Revised Code,
the county agency shall use new hire information to ensure all employment
information has been reported, verified and used appropriately when determining
cash assistance benefits. Alerts are generated in the client registry
information system-enhanced (CRIS-E) when there is a match with new hire
information.

(C)
What is the county agency's responsibility when a new
hire alert is received?

(1)
Immediately upon receipt of a new hire alert, but no
later than three working days, the county agency shall make telephone contact
with the assistance group. The information obtained as a result of the
telephone contact shall include, but not be limited to, the following:

(2)
If the
assistance group does not have a telephone or cannot be immediately reached,
the JFS 04219 "Request for Contact Important Notice" (rev. 4/2010) or the
CRIS-E equivalent shall be sent within three working days.

(3)
All information
reported by the client shall be immediately followed up with a request for hard
copy verification (e.g. pay stubs, employment verification form). If the
assistance group is having trouble obtaining the verification, the best
available documentation may be acceptable (e.g. third party statement, call to
the employer, or client statement).

(4)
Information
reported by client statement shall be used in determining eligibility for cash
assistance benefits until employer verification can be obtained.

The Ohio works first employment
incentive pilot program shall be operated for three years in five participating
county agencies. The names of the participating county agencies shall be
published in a cash assistance action change transmittal.

The pilot program provides a cash
incentive payment to caseworkers in participating counties that help Ohio works
first (OWF) participants find employment that leads to the participant being
ineligible for OWF for at least six months due to an increase in earned income
resulting from employment.

For the purposes of this rule,
"caseworker" means an employee of a county agency or of an entity the county
agency has contracted with to perform tasks under the pilot, that has signed a
self-sufficiency contract developed in accordance with rule
5101:1-3-11 of the
Administrative Code.

For purposes of this rule, "OWF
participant" means a work eligible individual, as the term is defined in
paragraph (EE) of rule
5101:1-1-01 of the
Administrative Code.

(D)
When has a
caseworker helped an OWF participant find employment that leads to the
participant becoming ineligible for OWF?

When the caseworker signed the OWF
participant's self-sufficiency contract and all of the following conditions
have been met:

(1)
The self-sufficiency contract included an assignment
of the OWF participant to at least one core work activity;

(2)
After the date
of the caseworker's signature on the self-sufficiency contract, the OWF
participant's assistance group was determined to no longer be eligible for OWF
due to income earned by the participant;

(3)
The
self-sufficiency contract signed by the caseworker was in effect on the date
that OWF benefits terminated;

(4)
The OWF
participant received OWF benefits for at least three consecutive months prior
to termination; and

(5)
Since being terminated, the former OWF participant
remained ineligible for OWF for six consecutive months and during the six month
period, the former OWF participant was not:

(a)
Denied OWF
benefits for any other reason than excess earned income;

(b)
Serving a
disqualification period as a result of an intentional program
violation;

(c)
Otherwise ineligible for OWF due to the time limit
described in rule
5101:1-23-01 of the
Administrative Code;

(d)
Subject to a sanction or penalty imposed under
division 5101:1 of the Administrative Code; or

(e)
In receipt of
OWF benefits pursuant to rule
5101:6-7-01 of the
Administrative Code.

A caseworker qualifies for an
incentive payment upon verification of each condition described in paragraph
(D) of this rule. Qualification for an incentive payment is contingent upon
available funding, compliance with this rule and all other applicable state and
federal laws and regulations.

(b)
When there is a
change to the individual(s) expected to help the OWF participant find
employment, the county agency shall initiate an amendment to the
self-sufficiency contract in accordance with rule
5101:1-3-11 of the
Administrative Code.

(2)
Develop a
procedure for caseworkers to submit verification that they qualify for an
incentive payment.

(3)
Process the incentive payment within thirty days of
determining a caseworker qualifies for an incentive payment.

The incentive payment is equal to
three hundred dollars per former OWF participant that meets the criteria
described in paragraph (D) of this rule. When the OWF participant was part of a
two-parent assistance group, as that term is defined in rule
5101:1-3-01 of the
Administrative Code, the incentive payment shall be six hundred
dollars.

(H)
How will the incentive payment be divided when more
than one caseworker qualifies for an incentive payment for helping the same OWF
participant find employment?

Notwithstanding the prohibitions in
paragraph (I) of this rule, the incentive payment shall be divided equally
between the individuals that signed the self-sufficiency contract as required
by paragraph (F)(1) of this rule. When the amount of the incentive payment will
not divide equally, the remainder shall be retained as part of the
participating county agency's incentive pilot program allocation.

The following prohibitions apply to
the Ohio works first employment incentive pilot program:

(1)
Obtaining a
signature from a caseworker on the self-sufficiency contract shall not delay
the authorization of OWF benefits or assignment of a work eligible individual
to a work activity;

(2)
The county agency shall not process more than one
incentive payment per termination;

(3)
An OWF
participant may have no more than one self-sufficiency contract in effect at a
time;

(4)
No incentive payment will be issued to a former
caseworker whose employment ended with the participating county agency or
contracted agent before all conditions in paragraph (D) of this rule were met;
and

(5)
The county agency shall not impose any verification or
reporting requirements on a current or former OWF participant in order to
verify caseworker eligibility for an incentive payment.